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AGREEMENT 1997 - 1999 Communications Workers of America AFL-CIO 1701 Drew Street, Suite 4 Clearwater, Florida 33755 Office: 813/443-4193 · Fax: 813/449-1136 " Local 3179 All parties to negotiations between the City of Clearwater and CWA agree the intent of all contract language in Article 23 shall be implemented as follows: 1) The maximum annual merit pay increase awarded shall not exceed six percent per employee for fiscal year 1998 (October 1, 1997 to September 30, 1998) and six percent for fiscal year 1999 (October 1, 1998 to September 30, 1999). 2) All employees will be eligible for the negotiated increase on the employee's merit anniversary date in fiscal year 1999. No employee will have their merit anniversary date changed to April 27, 1999. 3) All references to "anniversary date" means "merit anniversary date". It does not refer in any way to an employee's anniversary date of employment with the City of Clearwater. ~L ~ IV ~-);. 9!'- Alan Keith District Representative CWA Michael Roberto City Manager City of Clearwater ~""7-~"~ sj~yt'i'(' as Wlasiuk Linda yers r<%- iJJ-P/\V~ Allen Del pre'te b!3(18 - J" ~ L;-i ~ f- S-~) /'i'? 7 -7 y-Lester Pulfer ~ '- ~ S.~7.1E Steph n Sarnoff ~-1Y~ Sue Phillips / ~cr. ~;27~7j- rs c~ -r~- &/8//Y Salvatore Ventura Bonnie Toner ~ I I I I I I I I I I I I I I I I I I I PREAMBLE ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 TABLE of CONTENTS PAGE ...................................................................................................... 1 RECOGNITION ................ ................... ................................ ...... 1 GENERAL PROVISIONS .......................................................... 2 RIGHTS OF EMPLOYEES......................................................... 3 NO STRIKE AND OTHER UNLAWFUL ACTS.................... 3 CITY'S MANAGEMENT RIGHTS ........................................... 3 GRIEVANCE PROCEDURE..................................................... 5 UNION REPRESENTATIVE ..................................................... 9 UNION RIGHTS ............ ..................... ............. .... ....................... 9 HOURS OF WORK AND OYER TIME................................... 10 Section 1. Regular Work Hours ................................................ 10 Section 2. Overtime ........................... .............. .................. ......... 11 Section 3. Standby and Recall..................................................... 11 Section 4. Shift Differential ....................................................... 12 Section 5. Acting Pay................................................................. 12 Section 6. Training Differential................................................. 13 Section 7. Leadworker Assignment and Pay............................. 13 LEA YES OF ABSENCE............................................................. 13 Section 1. Sick Leave..................................... ................. ............ 13 Section 2. Funeral Leave ............................................................ 17 Section 3. Line-of-Duty Injury Pay........................................... 18 Section 4. Military Leave ........................................................... 19 Section 5. Jury Duty .................................................................. 19Section 6. Leaves of Absence Without Pay................................ 20 Section 7. Time Off ................................................................... 20 Section 8. Union Time .............................................................. 21 Section 9. Maternity/Child Care Leave..................................... 21 HOLIDAYS ....................... ..................... .................................... 22 Section 1. Designated Holidays ................................................. 22 Section 2. Floating Holidays...................................................... 23 I I I I I I I I I I I I I I I I I I I ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25 TABLE of CONTENTS PAGE VACATIONS .................. ............. .............................. ................ 24 Section 1. Vacation Accrual for 37.5 and 40-Hour Employees. 24 Section 2. Vacation Leave Caps ................................................. 26 SENIORITY ............... ................ ................... ...... .......... ....... ....... 26 LAYOFF AND RECALL .......................................................... 27 Section 1. When Layoffs May be Made ..................................... 27 Section 2. Method...................................................................... 27 Section 3. Names Placed on Eligible List................................... 27 RETIREMENT ........................................................................... 28 UNIFORMS AND RAIN GEAR .............................................. 29 INSURANCE.............................................................................. 29 LABOR-MANAGEMENT COOPERATION ......................... 30 HEALTH AND SAFETY .......................................................... 30 APPOINTMENTS AND PROMOTIONS ............................... 31 MISCELLANEOUS GENERAL PROVISIONS....................... 34 Section 1. Providing Names of Employees in Unit................... 34 Section 2. Career Development Workshops.............................. 34 Section 3. Shares Cost of Printing Agreement .......................... 34 Section 4. Review of Personnel File .......................................... 34 Section 5. Participation in Charity Drives ................................ 35 Section 6. Union Committees ................................................... 35 Section 7. Use of City Copying Equipment.............................. 35 Section 8. Replacement/Repair of Tools ................................... 35 Section 9 . Awards Program ....................................................... 35 Section 10. Mileage ............ ........... ............................ .............. ..... 35 Section 11. Commercial Driver's License.................................... 35 Section 12. Parking ............................. ....... .................................. 36 DISCHARGE AND DISCIPLINE......................... .................... 36 SALARY ..................................... ................... ............................. 36 DRUG AND ALCOHOL POLICy......................................... 38 DURA nON, MODIFICA nON AND TERMINATION ..... 42 I I I I I I I I I I I. I I I I I I I I' TABLE of CONTENTS APPENDIX A LISTING OF REPRESENTED CLASSIFICATIONS APPENDIX B PAY RANGE TABLES I I I I I I I I I I I I I' I I I I I I AGREEMENT CITY OF CLEARWATER AND COMMUNICATIONS WORKERS OF AMERICA The CITY OF CLEARWATER, FLORIDA, hereinafter referred to as the "City," and the COMMUNICATIONS WORKERS OF AMERICA, hereinafter referred to as the "Union," (pERC Registration No. 8HRA74300 13), recognizing that the welfare and the best interest of the City of Clearwater will be served by procedures which provide for an orderly method for the City and the Union to bargain in good faith matters of common interest on these matters, do hereby agree as follows: ARTICLE 1 RECOGNITION The City recognizes the Union as the exclusive bargaining representative for wages, hours and other terms and conditions of employment for employees of the City of Clearwater, Florida, who are members of the unit as herein defined: Included: Nonprofessional employees of the City of Clearwater. Excluded: Department Heads; Division Heads; Managerial and Confidential Employees within the meaning of Section 447.203 (4, 5), Florida Statutes; all Professional Employees within the meaning of Section 447.203 (13), Florida Statutes; and all other employees of the City of Clearwater not specifically included. Section 1. Managerial Employees The following classifications of employees are "Manaserial Employees" as defined in Section 447.203, Florida Statutes (Chapter 74-100), in that scud employees have authority in the interest of the public employer, City of Clearwater, to formulate policy or are reasonably required to assist directly in the preparation for and the conduct of collective bargaining, or have a major role in the admiillstration of agreements resulting in collective bargaining, or have a significant role in fersonnel administration or employee relations and in the preparation and administration 0 budgets and said roles are not of a routine, clerical or admimstrative nature and require the exercise of independent judgment. Historically, these job classifications have been treated as managerial within the foregoing criteria. Section 2. Confidential Employees The following classifications of employees are "Confidential Employees" as defined in Section 447.203, Florida Statutes (Chapter 74-100), in that said employees are persons who act in a confidential capacity to assist or aid managerial employees of the classifications set forth above and as defined in the Florida Statutes; specifically said employees have access to and assist in the preparation for collective bargaining, budget, and all have access to information dealing with the administration of this contract, including the handling of grievances under the grievance procedure as set forth herein. ARTICLE 2 GENERAL PROVISIONS Section 1. This Agreement shall be governed and construed according to the Constitution and Laws of the State of Florida. Accordingly, if any provisions of this Agreement or any application of this Agreement to any employee covered hereby shall be found contrary to law, such provisions or applications shall have effect only to the extent permitted by law, but all other provisions applications of this Agreement shall continue in full force and effect. Section 2. No change, rescission, alteration or modification of this Agreement, in whole or in part, shall be valid unless the same is ratified by the City and the Union and endorsed in writing. Section 3. The parties acknowledge and agree that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter includea by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this A~reement. Therefore, the City and the Union, for the life of this Agreement, each voluntanly and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement; whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking and agreement of the parties hereto and finally determines and settles all matters of collective bargaining for and during its term except as may be specifically otherwise provided herein. The parties agree to bargain proposed changes in the City's Pension Plan and changes in the City's Civil Service Rules tnat deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members. Section 4. The City Manager's office shall set aside quarterly a time for meeting with the officers of the Union for the purpose of discussing any problems that may arise under the implementation of this Agreement. These meetings are not intended to bypass the grievance procedure and should such a meeting result in a mutually acceptable amendment to the contract, then such amendment is subject to ratification by the City and the Union. In addition, the executive committee of the Union shall be allowed a monthly meeting to transact any and all business pertaining to the Union, said meeting to be allowed during work hours not to exceed two hours at straight time. Section 5. A City or Department rule, regulation, policy or procedure now in existence in conflict with this Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be compatible with this Agreement. Section 6. The Union recognizes and supports the concept of a Labor- Management Committee to address city-wide employee concerns that are not specifically provided for by contract provisions and to improve labor-management communications. Such a committee may be established by the City Manager and may contain representatives from employee union and non-union groups. -2- I I I I I I I I I I I I I I I I I I I I I I I I I I I ,I I I I I I I I I I I The Labor-Management Committee may propose standard policies and procedures to be followed city-wide. If such recommendations are adopted by the City Manager, they shall not be applied to bargaining unit employees if they are in conflict with the provisions of the CW A contract. ARTICLE 3 RIGHTS OF EMPLOYEES Section 1. Employees in the bargaining unit shall have the right to form, join and participate in, or to refrain from joining, forming, or participating in the Union. Neither the City nor the Union will discriminate against any employees in regard thereto. Section 2. The City and the Union will not discriminate against employees in the unit because of race, color, creed, sex, age, natural origin, physical handicaps, or membership or non-membership in a union; provided, however, that this will not proliibit the City from establishing bona fide occupauonal qualifications. If a charge of discrimination by an employee against the City, its officers, or representatives is filed with any appropriate State or federal agency having jurisdiction of such charge, said employee or the Union will not file or pursue a grievance under Article 6 of this Agreement. If a gnevance is pending at the time such a charge is filed, it shall be considered withdrawn. Section 3. It is understood that the provisions of this Article embrace all rights of employees covered by all federal, state, county and city laws and regulations. ARTICLE 4 NO STRIKE AND OTHER UNLAWFUL ACTS Section 1. The parties specifically incorporate herein the provisions of Florida Statutes 447.505,447.507, and 447.509. Section 2. In addition to the prohibitions and penalties prescribed in the aforementioned sections of the Florida Statutes, the parties specifically agree that any individual employee engaging in such activity may be immediately terminated without recourse to the grievance procedure whatsoever. However, the activity of participation may be subject to the grievance procedure provided herein. In addition, liabilIty shall attach to such individual employee as well as the Union if the provisions of this section are violated. Section 3. Should the Union or any of its employees breach this Article, the City may, in addition to the remedies provided in Chapter 447 of the Florida Statutes, be entitled to obtain a temporary injunction at an ex parte hearing. ARTICLE 5 CITY'S MANAGEMENT RIGHTS Section 1. The City reserves, retains, and is vested with exclusively, all rights of management which have not been expressly abridged by specific provisions of this Agreement. The exclusive rights of management include, but are not limited to, the following: -3- A. to manage the City generally and to determine the issues of policy; B. to determine the facts which are the basis of management decisions; C. to determine the necessity or organization of any service or activity conducted by the City and to expand or diminish services; D. to determine the nature,. manner, means, and technology, and extent of services to be provided to the public; E. to determine methods of financing and budgeting; F. to determine the types of equipment and technology to be used; G. to determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted; H. to determine and change the number of locations, relocations, and ~es of operations, processes, and materials to be used in carrying out all City fWictions including, but not limited to, the right to contract for or subcontract any work or operation of the City in accordance with the practices followed prior to this Agreement; l. to assisn work to and schedule employees in accordance with requirements as determmed by the City, and to establish and change work schedules and assignments; J. to relieve employees from duties for lack of work, lack of funds or any other non- disciplinary reasons; K. to discharge, suspend, demote, or otherwise discipline employees for just cause; L. to determine job classifications and to create, modify or discontinue jobs; M. to hire, transfer, promote, and demote employees; N. to determine policies, procedures, and standards for selection and training; O. to establish productivi!f programs and employee performance standards including, but not limited to, quality ana quantity standards and to require that such standards be followed; P. to maintain order and efficiency in its facilities and operations; Q. to establish and promulgate and/or modify rules and regulations and standard operating procedures; R. to alter or vary past practice and otherwise to take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and services; -4- I I I I I I I I I I I I I I I I I I I I I I I I I I I 1< I I I I' I I I I I I Section 2. If in the sole discretion of the City Manager or the Mayor it is determined that civil emergency conditions exist or may exist, including, but not limited to, riots, civil disorders, hurricane conditions, strikes, or similar catastrophes or disorders, this Agreement may be suspended by the City Manager or the Mayor during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended. Further, a discharge, suspension or demotion occurring during such emergency may be pursued as a grievance upon the termination of the emergency. The date of termination of the emergency shall be considered the first day under the grievance procedure. Section 3. Impact Bargaining The City and Union agree to bargain the impact of changes to wages, hours or terms and conditions of employment of any person covered by this Agreement. The City will notify the Union of any proposal that may affect wa~es, hours or terms and conditions of employment prior to implementation. The Union w1l1 notify the City, in writing, within 20 aays of the specific impact and the intent of the Union to bargain the impact of the change. The proposal shall not be implemented until resolution is reached. Tlie City and the Union will then negotiate those impacts. In the event of an impasse on said bargaIning, the parties may proceea to call for a Special Master. Both the City and the Union, upon mutual agreement, endorsed in writing, may waive Special Master and proceed directly to the City of Clearwater Commission for final and binding resolution of the issues. ARTICLE 6 GRIEVANCE PROCEDURE It is the intent of this Article to provide a means for the fair, expeditious and orderly settlement of disputes that arise under this Agreement between an employee and the City. All employees and supervisory personnel should make every possible effort to setde differences at the lowest possible step outlined in this Article. Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement. Grievances may be filed by the City or br an aggrieved employee through the Union. Entrance probationary employees shall not have access to the grievance procedure during the probationary penod. Grievances initiated by the City shall always begin in Step 3, as hereinafter provided. Promotional probationary employees may only have a gnevance processed to the third step. A class-action grievance may be filed by the Union if an action or dispute directly affects more than one bargaining unit employee. A class-action grievance may begin at Step 3. Section 2. No employee or group of employees mar refuse to follow directions pending the outcome of a_grievance. Eml'loyees in the unit will follow all directives, even if such directives are alle~edly in conflict WIth the provisions of this Agreement. Compliance with such directives WIll not in any way prejudice the employee's right to file a gnevance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. -5- Section 3. It is recognized and accepted by the Union and the City that the processing of grievances is of utmost imponance, and therefore grievances may be processed ouring employees' normal working hours without loss of wages when the absence of employees or supervisors involved is reasonable and will not, in the judgment of the Depanment Head or City Manager or City Manager's designee, be detrimental to the work pr?grams of the City. The City will attempt to accommodate all panies in the processing of gnevances. Section 4. If an employee selects the grievance procedure, as hereinafter set out under this Agreement, it is specifically understood that saiCl employee has exercised his/her option granted by Florida Statutes 447.401 and cannot thereafter process his/her complaint under any Civil Service appeal procedure. Any employee selectin~ the grievance procedure shall discuss the grievance with the Union representative after whIch the Union will advise whether the grievance is meritorious for processing, and shall be formally processed as follows: Normal working hours shall be 8:00 a.m. to 4:00 p.m. on normal work days which are Monday through Friday, except holidays. Step 1 Within 10 working days after such alleged violation is known by the grievant, the asgrieved employee and/or Union will present the grievance in writing to the employee's dIvision head and a copy to the City Manager or his/her designee. The written grievance at this step, and at all steps thereafter, shall contain the information specified on die grievance forms. Forms will be made available to employees by both panies. Grievances submitted which do not contain the information required on the form shall be returned to the employee and/or Union for completion. The employee and/or Union shall be advised as to why the form is not complete. This shall not extend the 10 working day period. The division head will arrange for a meeting within five working days after receipt of the grievance. The grievant may have a Union representative accompany him/her to the meeting with the division head to whom the employee is responsible. Discussions shall be informal for the purpose of settling differences in the simplest and most direct manner. The division head will provide the grievant a written answer on the grievance with a copy to the Union within five working days from the date of said meeting. If the grievance is not resolved at Step 1, the Union, within five working days, may appeal the grievance to Step 2. Step 2 If the grievance is appealed to the Depanment Director, the Depanment Director or designee will arrange for a meeting within fIve working days after receipt of the grievance. The grievant may liave a Union representative accompany him/her to the meeting with the Depanment Director or designee to whom the employee is responsible. Discussion shall be informal for the purpose of settling differences in the simplest and most direct manner. The Director or designee will provide the grievant a written answer on the grievance with a copy to the Union within five working days from the date of said meeting. If the grievance is not resolved at Step 2, the Union and grievant may, within five working days, appeal the grievance to Step 3. -6- I I I I I I I I I I I I I I I I I I I I I I I I I I I I' I I I I I I I I I I Step 3 If the grievance is appealed to the City Manager or his/her designee, the City Manager or hIs/her designee will arrange for a meeting with the grievant who may be accompanied by representatives from the Union, within 10 working days of receipt of the grievance. Both the City and the grievant shall have the right to include in its representation such individuals as they deem necessary to develop pertinent facts. DiscuSSlOn shall be informal for the purpose of settling differences in the simplest and most direct manner. Acting for the CIty, the City Manager or his/her designee shall, within 21 calendar days, provide a written decision to the grievant after the hearings have been held with a copy to the Union. If the Union is not satisfied with the disposition of the grievance at Step 3, the grievance may be submitted to arbitration. Step 4 -- Arbitration A. Within 21 calendar days from the receipt of the decision of the City Manager or his/her designee for an employee/Union initiated grievance or failure to resolve a City-initiatea grievance as provided in Section 5, Miscellaneous, subparagraph "I", hereof, the party requesting to arbitrate the controversy shall give wntten notice to the other of intent to arbitrate and shall at the same time request a list of five arbitrators from the Federal Mediation and Conciliation Service. B. Within 10 calendar days after receipt of the list of arbitrators, the Union and the City shall meet and each strike two names therefrom, with the party {>resenting the grievance striking the first name and alternately thereafter, the remcuning name to designate the arbitrator. C. As promptly as can be arranged the arbitration hearing shall be held. The arbitrator, in rendering his/her decision, shall confine his/her decision to the controversy in question and he/she shall not have the authority to add to, take away from, alter or amend any provision of this Agreement. The City will incur no liability for back pay more than 30 days following die arbitration hearing. D. The decision of the arbitrator, insofar as it is in conformance with paragraph "C" hereinabove, shall be final and binding on the aggrieved employee, Union and City. E. The expense of the arbitrator shall be borne equally by both parties, except that if either SIde desires a written transcript, such side shall bear the costs thereof. Expenses in connection with attendance of participants and witnesses for any party sliall be paid by the party producing such participants and witnesses. F. The time limits contained herein may be extended by the mutual written consent of the parties. G. The arbitrator shall arbitrate solely the issue presented and shall not have the authority to determine any other issues not submitted to him/her. H. Any decision of the arbitrator shall not be retroactive more than 15 working days prior to the date the grievance was submitted. -7- -8- I I I I I I I I I I I I I I I I I I I Section 5. Miscellaneous A. The parties will cooperate in the investigation of any grievance, providing all pertinent information as may be requested for the processing of a grievance. B. No reprisals of any kind shall be taken against any party in interest participating in the gnevance procedure. C. No record dealin~ with the processing of a grievance shall become a part of the personnel files of mdividual employees; however, ultimate records of adverse actions against employees may be included in personnel files. D. ~ 0 employee shall be required to discuss a written grievance if a Union representative IS not present. E. In order to prevent the filing of a multiplicity of grievances on the same question on interpretation or com{>liance where the grievance covers a question common to a number of employees, It shall set forth thereon the names of die persons of the group and the title and specific assignments of the people covered by the group grievance. In such event, one employee and/or the Union shall be designated by the group of employees to act as the grievant. F. Grievances arising at a step other than Step 1 shall be processed in the same manner except that the gnevance will be initiated with the appropriate City administrator or his/her designee rather than with the division head or department head. Grievances relating to suspension or dismissal shall be initiated at Step 3, however the Union shall be required to provide a copy of any such grievance submitted at Step 3 to the employee's department head. G. It is specifically agreed that em'p10yees who claim to have been discharged unjustly shall be subject to the fore~01ng grievance procedure, and if it is found that an employee has been unjustly discharged, he/she may be returned to work with pay for all time lost; provided that discharge or other disciplinary action taken with respect to . any probationary employees is expressly excluded from this paragraph. H. Where any {>rovision of this Agreement involves responsibility on the part of the Union that, m the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by Cliscussion between the City and die Union on an informal basis, the grievance shall be initiated at Step 3 of this procedure by the Deputy City Manager, or his/her designee, and submitted in writing to the Union President. If not resolved within 21 calendar days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provision of this Article. I. The. time limits of a grievance at any level may be extended by mutual consent of the parties. I I I I I I I I I I I I I I I I I I II ARTICLE 7 UNION REPRESENTATIVE Section 1. The City agrees that during the term of this Agreement it will deal only with the ~~thori~ed representatives ~f the Union in mat ~rs :eqli ..~lg the mu~ual con~ent ?r other official ;1cuon called for by thiS Agreement. The Umon ag~.ees to noufy the CIty m writing of the name of such authorized representatives. Written notice of the replacement of authonzed Union representatives shall also be provided to the City Manager, and the City shall not recognize the designated replacement representatives until 24 hours after having received such written notice. Section 2. Union representatives recognized by this Agreement and by the City are the Union representatives authorized by die Union pursuant to Section 3 below and communicated to the City pursuant to Section 1. Section 3. There shall be an average of one Union steward for each City depanment or one for each 35 employees in the bargaining unit. No division shall be assigned more than one Union representative unless the Division has more than 35 employees, then one Union steward for each 35 employees or fraction thereof may be assigned. . Section 4. The Union agrees that during the term of this Agreement it will deal only with the authorized representatives of the City, to wit: the City Manager or his/her deSignees. ARTICLE 8 UNION RIGHTS Section 1. Check-Off A. The City shall deduct dues twice per month in amounts as cenified to the City by the Secretary-Treasurer of the Communications Workers of America and will remit the aggregate deduction so authorized together with an itemized statement to the Secretary-Treasurer. Dues deductions will be remitted within 30 days from the date of the deduction on a monthly basis. Changes in Union membership dues will be similarly cenified to the City in writing and shall be done at least 30 days prior to the effective date of such change. B. Notwithstanding anything herein to the contrary, any authorization for dues deduction may be cancelled by the employee upon 30 days written notice to the City and to the Union. C. The Union shall indemnify and hold harmless the City from any and all cIa:--:; or demands and expenses in connection therewith based upon the City's panicipatlOn in dues deduction. D. Nothing contained herein shall require the City to deduct from a salary or be otherwise involved in the collection of Union fines, penalties or special assessments. -9- Section 2. The Union shall have access to City conference rooms and other similar building facilities, if available, for meetings of the Union in the same manner as the general public. However, the Union shall have access to available facilities, without charge, for meetings to ratify this Agreement. Section 3. A copy of the official City Commission agenda shall be provided to the Union. Section 4. The Union shall be entitled to use four square feet of a designated bulletin board in each City building or facility where the City maintains an employee bulletin board; provided said bulletin boards shall be used for posting Union notices only and shall not be used for the purpose of soliciting membership. Section 5. All permissible notices shall be signed by a duly recognized officer of the Union and may be delivered through the City's departmental interoffice mail system. Section 6. The Union President will be provided, on a quarterly basis, the names, and home addresses, and such other data that is readily available on the computer printout as mutually agreed to of all current employees of the City who are in the bargaining unit. The Union shall have access to such names and addresses at any time pursuant to public records law, subject to such charges as may be proper in accordance with state law. Section 7. The Union rep-resentatives shall be allowed reasonable time off without loss of pay during their regular shIft hours for investigating grievances provided that, in the judgment of the Department or City, the performance of this function by the Union representative shall in no way interrupt the normal functioning of City work assignments. The investigation of grievances by Union representatives shall not be conducted 10 greater than 2-hour increments per day. The Union agrees to guard against the use of excessive time for such activities whicn are authorized by thIS Agreement. The Union representative will provide advance notice to supervision to allow planning arrangements to enable the Union representative time off for investigative activity.. When a Union representative desires to contact an employee in the unit who has a complaint he/she shall first obtain permission from his/her supervisor. If permission is denied at that particular time, the Union representative will be informeo of the reason for the denial. However, the denial of permission shall not be subject to the grievance procedure. The Union representative will notify his/her supervisor upon his/her return to work. The President of die Union, or the designee of the President, snall have the privileges accorded to a Union representative. ARTICLE 9 HOURS OF WORK AND OVERTIME Section 1. Regular Work Hours A. The regularly scheduled work week of the employees in the bargaining unit will be from 12:01 a.m. Saturday to midnight Friday, and will consist of the number of hours set forth opposite the respective class titles on the Official Pay Plan. -10- I I I I I I I I I I I I I I I I I I I I I I I I I I' I I ,I I I I I ,Ii 'I I I I B. All employees shall be provided Uj) to one hour off work each day for lunch, generally scheduled in the middle of the work shift. All employees shall be granted two 1S-minute rest periods, one during the first portion of their work shift prior to lunch and one after lunch. If employees opt not to utilize such lunch and! or rest periods, the City shall not be deemed to have violated this section and employees shall not have the right to alter their work schedule or to accrue and otherwise utilize this time in any other manner. In the event an employee's shift is other than a S-day, 8 hour work day each day, or S-day, seven-and-one-half hour work day each day schedule, rest break times may be adjusted proportionately to permit the equivalent rest time on a weekly basis as employees on the standard work schedule. C. When an employee is required by the Department Director to attend training of job- related workshops, such time spent shall be counted as hours worked. D. Whenever practical, each employee will be granted two days off per week, exclusive of overtime. Each employee will be granted at least one day off per week, exclusive of overtime and standby. E. An employee's work schedule will not be changed arbitrarily, and the employee will be given reasonable notice consistent with the City's planning of its needs. Forty- eiglit hours will be deemed reasonable notice. F. The work week for classifications within the bargaining unit may vary and may be divided between four, five, or six days. G. Time-clock reporting employees will neither be docked pay nor be paid overtime for the first six rmnutes (1/ 10 hour) before or after starting and stopping times. Section 2. Overtime A. All employees as outlined in the Pay Plan eligible for overtime shall receive 1-1/2 times the normal rate of pay for all hours worked in excess of 40 hours per week when ordered by managerial personnel to work overtime. Sick leave, vacation, and other time not worked except designated City holidays shall not count as hours worked for overtime purposes. B. Overtime will not be assigned unfairly. C. Any employee required to work at least three hours over the normal work day (consecutive, not to include standby) will be provided $S.OO for meal money. D. Anr permanent part-time employee who regularly works 40 or more hours per week wil be entitled to the same overtIme benefits as a permanent full-time employee. Section 3. Standby and Recall (Mutually Exclusive) A. Standby shall be paid at the following rates during the term of this contract. a) Monday through Friday $ 8.00 per night b) Weekends $40.00 per weekend c) Extended Time During Designated Holidays $24.00 per night -11- Daily standby (Monday-Friday) shall begin at the end of each regular workday and shall end at the beginning of the next workday (l6-hour period). Weekend standby shall begin at what would be the normal starting time on Saturday and shall conclude at the beginning of the regular workday on Monday (48-hour period). An employee assigned to standby and who continues in standby assignment for an 8-hour extended period for a designated holiday shall be paid $24.00 instead of $8.00 for the standby period. B. Recall. (Call-out). If an employee is called back to work after the employee's normal work day and returns to work, the employee shall be credited with two hours I work time or the actual hours worked, whichever is greater. Time shall be computed from when the employee reports to his/her work location, and ceases when hel she leaves the work location. Callback shall be defined as the unscheduled calling back of an employee to perform needed work after the employee's regular shift ends and the employee has already left the job. Call-in shall be defined as the unscheduled call-in of an employee to perform needed work on a weekend, holiday, or other equivalent period during which the employee would not otherwise have worked. Time beyond an employee's regular work schedule when assigned and scheduled in advance, either as a continuation of a present shift assignment or the requirement to work on an employee's regular non- workday(s) shall not be subject to any minimum guarantee payor hours. However, all time worked shall be credited toward hours worked for regular and overtime pay purposes. C. Employees shall not be assigned to standby dutY. if excused in advance by managerial personnel, and in all cases the Department wlll seek volunteers prior to assigning standby duty. The City shall have the right to specify requirements needed for standby, including skills, dependability and ability to report timely, and employees not meeting said requirements may not volunteer for such standby. D. Any employee assigned to standby and who, during the period of such standby assignment, is not readily available as required or who is or becomes unable to perform his/her work duties shall be subject to discipline, except that an employee who becomes sick or injured and immediately notifies his/her supervisor shall not be subject to discipline. The City may require evidence in the form of an excuse from a medical doctor of such injury or illness. Section 4. Shift Differential Permanent, full-time employees (other than those on flex-time) shall be entitled to $.40 per hour shift differential pay when the majority of their regularly scheduled hours for the work week fall between 4:00 PM and 7:00 AM, regardless of the starting or ending time of the employee I s shift. Section 5. Acting Pay An employee who is assigned to work in an "acting" capacity in a higher level classification for more than 20 consecutive calendar days shall receive acting pay retroactive to the day the acting assignment began. The amount of pay is 5% hlgher than the employee's current base biweekly rate. -12- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I' I I I I I Driver Pay: Employees in the Solid Waste Department will continue to receive "driver pay" for each day succeeding the 20th cumulative day the employee has substituted as a driver. The rate is $7.12 per day. Section 6. Training Differential Employees who are not required to train employees as part of their normal job duties and who are "Certified Trainers," as determined by the Department Director, will receive 5% above their normal base pay for each week (four or five consecutive work days, depending on the assigned work week) they are assigned to act as trainers in a formal training capacity. Section 7. Leadworker Assignment and Pay A Department Director, with the prior approval of the City Manager, may assign leadworker duties to a regular employee for such period of time as will, in his\her of inion, serve the best interest of the City. Such assignment shall be made only when a smal group of workers are, in the normal course of their duties, regularly required to work at a time and/or place without the d~gree of supervision which, in the judgment of the Department Director, is conducive to efficient performance. An employee assigned leadworker duties will be required to perform all the duties of his/her regular position and additionally exercise primary layout and/or supervisory functions in relation to other workers who are ordinarily classified the same as the leadworker, accepting commensurate responsibility for group performance. For the period of such assignment the leadworker shall be paid an additional biweekly amount representing 5%. ARTICLE 10 LEAVES OF ABSENCE Section 1. Sick Leave A. Sick Leave Accrual 1. Employees assigned to a 40-hour work week shall accrue 3.693 hours of sick leave on a biweekly payroll basis. Employees assigned to a 37.5 hour work week shall accrue 3.462 hours of sick leave on a biweekly payroll basis. Note: Employees earn 12 days per payroll calendar year. 2. Permanent part-time employees shall be eligible to receive sick leave at prorated amount based on hours worked as determined by the new payroll system. B. Sick Leave Accrual Caps 1. Effective July 1998, employees may accumulate up to 1560 accrued hours. 2. Employees who have sick leave balances in excess of 1560 hours as of July 1998 shall have the amount of sick leave in excess of 1560 hours paid at 50% of the employee's hourly base rate of pay as of July 1998. The pay rate excludes all additions to base pay. The hourly rate shall be adjusted for changes in a work -13- week other than 40 hours. Payment shall be made prior to February 2000. The City and the Union shall meet to determine payment dates. C. Sick Leave Balance Transfers and Restoration 1. Sick leave balances are restored to an employee recalled from layoff or returned from a leave of absence. 2. Sick leave balances remain the same upon transfer to another Department or classification. 3. Sick leave balances are converted to equivalent days if an employee changes to a different hourly work week (i.e., 40-hour work week to 37-172 hour work week and vise versa). 4. No sick leave balances are restored after a break in service. An employee will have a break in service if the employee is rehired by the City six months after the date of resignation or retirement or one year after a layoff. Authorized leaves of absence, suspensions, reinstatements after disability retirement or dismissal, and layoffs of less than one year will be counted as continuous service and shall not be a break in service. D. Calculation for Use of Sick Leave 1. Sick leave may be authorized in increments of tenths of an hour. E. Authorized Use of Sick Leave 1. Sick leave is not a privilege to be used at the employee's discretion. It shall be authorized only for absences: a) Due to personal illness or physical incapacity. b) Due to exposure to contagious disease in which the health of others would be endangerea by the employee's attendance on duty. c) Due to dental appointments, physical examinations, or other personal or family sickness prevention measures. d) Due to illness of a member of the emI,>loyee's immediate family that requires the employee's personal care and attention. "Immediate family" shall mean parents, stepparents, grandparents, children, stepchildren, grandchildren, brotliers, sisters or present spouse of the employee and the "immediate family" of the employee's spouse or other family member in the immediate household. F. Authorization of Sick Leave 1. Each Department or work unit may set reasonable "request for sick leave" notification requirements, as appropriate. -14- I I I I I I I I I I I I I I I I I I I I I I I I 'I I I I I I I I I I I I I I 2. Failure to comply with notification requirements may be the cause for denial of sick leave and other disciplinary action. G. Payment for Unused Sick Leave 1. Upon separation from the City service, an employee shall be paid for one-half of his/her accumulated unused sick leave up to 1560 hours. The rate of payment shall be based on the current hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation. The hourly rate Will be adjusted in accordance with base oiweekly pay if the employee IS on a work schedule other than 40 hours per week. The employee may request that one-half the payment for unused sick leave be made at separation and one-half the payment be made in the first payroll period in the next calendar year. The payment will be made provided: a) The employee has had at least 20 years of continuous service with the City. Leaves of absence without pay, suspensions and layoffs followed by subsequent reemployment shall not be considered as breaks in service. The length of such time off or layoff shall be deducted from the total length of service. Military leaves and leaves during which the employees are receiving Workers' Compensation shall not be deducted from continuous service. OR b) The separation is involuntary on the part of the employee including disability (incurred on or off the job) and layoffs. OR c) The employee's estate shall receive payment if an employee dies. OR d) The em'ploy~e retires under Federal Social Security and has a minimum of five years of sel"V1ce. 2. An employee who has been dismissed for cause shall have no claim for sick leave payment. H. Injury from Other Employment 1. An employee may not utilize accumulated sick leave for absences resulting from an injury arising out of and in the course of employment, other than City employment, for which monetary or other valuable consideration is received or eXJ?ected. Any employee who utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for absences resulting from an injury arising out of and in the course of employment, other than City employment, may be suspended or terminated. I. Use of Leave After Accrual 1. Employees may be authorized to use sick leave after it is accrued. The employee -15- may be required to submit acceptable evidence such as a medical certificate from a medical doctor to substantiate the reason for requesting sick leave. J. Bonus Leave Days 1. In a payroll calendar year that a bargaining unit employee uses no sick leave, or less than two days of sick leave, the employee will be allowed to convert sick leave to bonus leave days in accordance with the following chart. Bonus leave days must be used in the next payroll calendar year. Amount of Sick Leave Used Bonus Days Awarded From Converted Sick Leave Zero Time 2 More than zero time but less than two days 1 a) A payroll calendar. year begins with the first day of the first pay period for the first paycheck date in the calendar year and ends with the last day of the last pay period for the last paycheck in the calendar year. b) Bonus days are not included in overtime calculations. c) Upon an employee's separation from the City, the employee will receive a lump sum payment for liis/her remaining sick leave incentive day balance. K. Sick Leave Pool 1. A leave pool will be established by members of the bargaining unit subject to the following provisions: a) The purpose of the leave pool is to provide leave to bargaining unit members who face significant time off without pay due to a serious illness or injury, whether job-connected or non-job-connected, or serious illness or injury to a family member covered under the family sick leave policy. The leave pool may not be used for short time periods where an employee may be without pay. Short time shall be defined as less than 30 calendar days. b) A committee shall be formed and the committee shall determine use of the leave pool days, subject to the above purpose and limitations. i) The committee shall consist of three members designated by the bargaining unit and two management employees designated by the City Manager or City Manager's designee. ii) The committee shall review employee needs and circumstances consistent with the provisions of the leave pool and shall determine eligibility for and the amount of leave time that may be provided to employees. -16- I I I I I I I I I I I I I I I I I I I I I I I I I I' I I I I I I I I I I I I iii) The committee may establish procedures, forms and other rules necessary for its effective operation, provided they are consistent with the provisions of this section. iv) The committee's decisions are final and are not subject to the grievance procedure. Bargaining unit members may donate days from their vacation leave, floating holiday balances or sick leave balance one time per year. Note: Sick leave balances are donated at 100% value. c) No emplor.ee shall be permitted to donate more than three days of leave per year to the poo , unless audiorized by the City Manager. d) In the event that the leave pool becomes insufficient to provide leave days, the committee may, with the prior approval of the City Manager or designee, open up the opportunity for additional donations to be made during the calenaar year. e) All donations of pool leave time must be in full-day increments based on the employee's full-time, regularly scheduled day (i.e., an 8-hour or 10-hour day is a full day). . f) Donations of pool leave time are irrevocable. g) No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day-for-day. h) When pool leave time is authorized by the committee for use by an employee, it shall be on a day-for-day basis, irrespective of whether the employee works a 7-1/2 hour, an 8-hour or a 10-hour shift. An employee using leave pool time shall receive regular base pay and his/her regular snift pay. However, other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.). i) Pool leave time not used in a given year by the employee receiving the donated pool leave time shall be carried over to the next year . No donated pool leave time will be refunded. Section 2. Funeral Leave A. Each employee shall be allowed up to four days funeral leave with no loss of pay and no charge ~ainst sick leave time in the event of death in the family. Death in the family shall be defined as death of a spouse, death of an employee's or employee's spouse's child, parent, grandparent, grandchild, brother, sister, stepparents, and stepchild. Additional funeral leaves for death in the family may be requested in accordance with current rules and regulations. B. Due to a death in the employee's immediate family, each employee shall be allowed not exceeding four schedUled work days at anyone time, chargeable to sick leave. The term "immediate family" as used in this para~raph shall mean stepbrothers, stepsisters, brother's wife, sister's husband, daugliter-m-Iaw, son-in-law, aunts, uncles, nephews, and nieces of the employee or of the employee's spouse, or other members -17- of the immediate household. It shall also include any blood relative of the employee living in the employee's household. In the event that unusual circumstances should necessitate an absence longer than four scheduled work days to accomplish the purpose for which this paragral?h is designed, the employee's department head, with the prior approval of the AppolOting Authority, may authorize an extension of such duration as may be necessary and proper. The request for an extension shall be submitted in form and substance suitable to the department head and the Appointing Authority. To be eligible for funeral leave under either section, the employee must attend the funeral. C. Time Off to Attend Funerals on Personal Basis 1. Employees who wish to attend a funeral of a City employee or official or the ~ouse of such employee or official may request to utilize accrued vacation time, floating holiday time, sick leave incentive day time, or time off without pay. Such requests may be made to the Division or Department Director ana may be approved by such authority. To the extent possible, approval shall be granted; provided, however, it is understood that operational necessities may preclude approval for a substantial number of employees. 2. An employee attending a funeral while using vacation time, floating holiday time, sick leave incentive day time, or time off without pay is doing so on a personal basis and is not recogmzed as a "City representative.>> If the emFloyee leaves from work to attend the funeral and! or returns to work after attending the funeral, all travel time shall be included in the vacation time, floating holiday time, sick leave incentive day time, or time off without pay. 3. Employees utilizing funeral leave when such leave is based on the death of a covered family member as provided by this Agreement shall be allowed time off with pay consistent with provisions of Article 10, Section 2, Paragraph A. However, such employees are deemed off duty while on funeral leave. Section 3. Line-of-Duty Injury Pay A. The term line-of-duty injury is an injury which occurs on the job only when said injury is reported on the day of occurrence and when said injury incapacitates the employee from performing his/her job because of the injury. The City shall have the right to require the employee to have a l?hysical examination by a physician of its choice prior to payment of any compensatlon. B. An employee may utilize accrued sick leave, however, the amount paid shall be only that amount required to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income Flan provided by the City, to the point where the sum of all payments is equal to the employee's re~lar base pay at the time of injury. At such tlme as the employee receives his/her imtial workers' compensation payment, the City shall allow the use of accrued sick leave needed toequil the employee's base pay. Any adjustment to pay under this policy will be made following the employee's return to work or at the expiration of the period for which Workers' Compensation payments are provided under state law. -18- I I I I I I I I i I I I I I 'I IeI' I I I I I I I I I I I I I I I I I I I I I I C. Should an employee become unable to perform hislher job duties due to an on-the- job injury, hel she shall have the option of accepting a demotion or lateral transfer; provided that an opening exists in the position to which hel she is demoted or transferred and provided further that hel she is capable of performing the duties of that position. The City shall have the right to require the employee to take a noncompetitive examination to determine it the employee is capable of performing the duties of the position hel she seeks to fill. D. An employee with less than 12 months employment who is injured on the job and is eligible for Workers' Compensation will not be charged sick leave when the City requires the employee to go to medical appointments during scheduled work hours. E. The City may establish such reasonable reporting requirements as it deems necessary to insure the application of the Workers' Compensation Law. Section 4. Militar:y Leave A. Any employee who is a member of a Reserve Component or the National Guard and who is required to participate in active or inactive training duty shall receive leave with pay for such duty wliich falls on the employee1s regularly scheduled work days Up' to a maximum of 17 work days per year without loss of seniority rights or efficiency rating. Absences from duty for military reserve training time In excess of 17 days per year shall not be compensated by the City. A copy of the employee's military orders certifying hislher training assignment shall be submitted to the Department Director immediately upon receipt. B. An employee who is required to attend military duty training which falls or occurs during re~lar working nours and which exceeds the 17 days provided in Paragraph A above will be granted time off without pay. The employee shall be required to provide timely notice of such training assignments to the City. Section 5. Jur:y Duty A. The City shall grant leave with pay for jury duty or when an employee is subpoenaed as a witness on the following conditions: 1. Leave with pay will be granted for those hours spent on jury duty or in court as a witness that fall during the employee's scheduled working hours. 2. If the time interval between the end of the employee's most recently worked shift and the reporting time of the jury summons is less than eight hours, the employee's work schedule will be adjusted to allow a minimum of eight hours time off prior to reporting for jury duty. Although not mandatory, management will give consideratIon to employees to have the aoility to change hours for special situations pursuant to this paragraph. This section shall apply only to jury duty. 3. Hours worked on jury duty or in court which are compensated under the provisions of this ArtIcle shall not count as hours worked for overtime pay purposes. -19- 4. If an employee is excused or released by the Court before the end of his/her scheduled work day, he/she must promptly return to work. 5. He/ she must bring written evidence of his/her jury duty service or court appearance and the amount of pay received before compensation is approved. 6. As soon as he/she learns of his/her selection of jury duty, he/she must notify his/her supervisor so that arrangements may be made for his/her absence from work. 7. In the event a holiday shall occur during the period of the employee's jury duty or court appearance, hel she shall receive pay for such holiday. 8. Leave with pay shall be granted for an employee subpoenaed as a witness except in a case in which the litigation has been initiated by the employee or in any case involving divorce, child support, or custody. Section 6. Leaves of Absence Without Pay A. Employees are allowed to take a leave of absence without pay up to six months, if approved by the City Manager. Employees may request extensions of additional six months. Approval of such extension request shall be at the judgment of the City Manager and such approval shall not be unreasonably withheld. B. Upon expiration of an employee's accumulated sick leave and when the employee is unable to return to work, upon written request and when supported by medical documentation, a leave of absence without pay for not more than one month shall be granted for the employee's continuing personal illness, at which time the case will be reviewed by the City Manager for consideration of an extension of time, if necessary, and if requested by the employee. C. Failure to return to work at the expiration of an approved leave shall be considered as absence without leave and grounds for dismissal, but upon timely return from leave, the employee shall be granted and given the same position or substantially similar position without loss of salary or benefits. D. There will be no accrual of benefits or seniority during such leave. During a leave of absence without payor any other nonj>aid leave or no-pay status of an employee exceeding two weeks, the employee, if he/she desires to continue hospitalization coverage for themselves and dependents, must pay the required premiums to the City. Failure to pay for such continuation shall result 10 the loss of coverage. Section 7. Time Off An employee shall or may be granted necessary time off from his/her duties with compensation for any of the following reasons: A. For pre-induction physical examination when so ordered by a Selective Service Board. Time off shall be granted for the minimum period necessary to comply with such order but shall in no case exceed two regularly scheduled work days. -20- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I B. Attendance at professional or other conventions, institutes, courses or meetings when such attendance, in the opinion of the City Manager, may be expected to contribute to the betterment of the City service. C. Attendance at in-service training and other in-service meetings when, in the opinion of the City Manager, such meetmgs are designed to improve the City services and/or the employee I s performance or to prepare hIm/her for advancement. The provisions of this paragraph shall be deemed to include authorized safety meetings. D. An employee may be granted time off without compensation for attendance at meetings other than those specified in the subsection above, or to attend urgent personcil business, provided that such employee shall request approval from his/her depanment head m sufficient time to permit the latter to make arrangements therefor, and further provided that such time off will not seriously affect the efficient operation of the Depanment. E. Employees shall be released from duty without loss of pay while competing in City promotional examinations that are scheduled during duty hours. Section 8. Union Time A. Union members shall be allowed time off with pay to attend an officially called conference, convention, or school not to exceed a total of 25 days per year, with the approval of the affected Depanment Director, provided that no less than one week's notice is provided. B. Additional time off without pay for Union activity will be granted with the approval ~f the Depanment Director and such excused time will not exceed one week at a tune. C. Bargaining unit members utilizing Union time off under provisions of this section shall not be eligible during the time of utilization for Worker's Compensation benefits in case of injury. D. U nio~ time off does not count as hours worked for the purposes of calculating ovenune. E. Union time off with pay shall be granted by the City for the purposes of grievance representation, labor management meetings, City committee meetings and contract negotiations. Union time off with pay for contract negotiations shall be limited to five employees (excluding the note taker) with no more than one employee per Division. Section 9. Maternity / Child Care Leave Maternity/child care without pay to enable a parent to care for a newborn, newly adopted, or seriously ill child may be granted to an employee, upon request and documen: ation of need, for a period of up to six months, provided, however, that if both parents are employees of the City, only one parent at a time may take maternity/child care leave. -21- ARTICLE 11 HOLIDAYS Section 1. Designated Holidays A. The following days shall be observed permanent part-time employees. New Year's Day Martin Luther King Day Presidents'Day Memorial Day Independence Day as designated holidays for full-time and Labor Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Day Note: Emergency, provisional, seasonal, temporary, temporary part-time, and other non- full-time employees shall not receive holiday pay. 1. Permanent part-time employees shall be eligible to receive holiday pay at prorated amount based on hours worked as determmed by the new payroll system. The current practice shall continue until the implementation date of that system. 2. When a City designated holiday falls on Saturday, the preceding Friday shall be designated a substitute holiday and observed as the official holiday for the year for non-shift employees. When a City designated holiday falls on Sunday, the following Monday shall be designated a substitute holiday and observed as the official holiday for that year for non-shift employees. All designated holiday pay considerations are applicable to the designated holiday. 3. Designated holidays shall count as hours actually worked for the purposes of calculating overtime.. The City shall pay overtime at the rate of time-and-one-half for all hours actually worked in excess of 40 hours in anyone work week. Hours for which an employee is paid as a result of floating holidays, sick time, vacation and similar perioos of nonproductive time shall not. be considered as time worked for the purpose of computing overtime pay, except as otherwise provided in this Agreement. 4. Employees who are required to work on a designated holiday shall receive time- and-one-half his/her regular pay for all hours actually worked on the holiday plus holiday pay at the employee's regular rate of pay. 5. An employee scheduled to work a designated holiday and who, without notice and valid reason therefore, in the judgment of the City, fails to report for such work, shall forfeit holiday pay as well as losing regular pay for die number of hours he/she would have worked. 6. Employees on vacation, annual leave, jury duty, sick leave and other absences from duty but on a regular pay status on the day the designated holiday is observed must use the holiday on the same day that it is earned. 7. An employee must work or be in a paid status the work day preceding and the work day following a holiday to be entitled to any compensation for the holiday. Employees who are absent from work in a non-pay status (such as an employee -22- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I receiving Workers' Compensation who has exhausted the injury benefit and sick leave, leaves of absence without pay, etc.) shall not be paid for holidays falling within such periods. 8. If an employee calls in sick when scheduled to work, the employee shall receive holiday pay (eight hours for the 5/8 employee and 10 hours for the 4/10 employee) and snall not be charged sick leave. 9. Pay Procedures for Designated Holidays a) Procedure when holiday falls on employee's scheduled work day, but employee takes the day off: Pay eight hours holiday pay for the 5/8 shIft and 10 hours holiday pay for the 4/10 shift. Both types of employees are paid for 40 hours - a standard work week minus one worK day plus one day holiday. b) Procedure when holiday falls on employee's scheduled work day and employee works the day: Employees on both the 5/8 and 4/10 shifts receive eight hours of holiday pay. Employee is paid time-and-one-half for hours actually worked on the designated holiday. c) Procedure when. holiday falls on employee's scheduled work day and employee works overtime (time beyond the normal daily schedule of the eml'loyee): Employees on both the 5/8 and 4/10 shifts receive eight hours of holiday pay, plus time-and-one-half for all hours actually worked on the holiday. d) Procedure when holiday falls on employee's scheduled work day and employee takes part of the day off: Employees on both the 5/8 and 4/10 shifts receive eignt hours of holiday pay. Employee is paid time-and-one-half for actually worked on the designated holiday. . Section 2. Floating Holidays A. In addition to the designated holidays above, employees shall be entitled to up to three floating holidays per payroll calendar year. Floating holidays do not count as hours worked for the purpose of calculating overtime. 1. Designated holidays or any day an employee is not scheduled to work may not be selected as a floating holiday. 2. Floating holiday requirements for new hires are as follows: a) No employee may utilize floating holidays until 60 calendar days after their employment. b) Any bargaining unit member employed between January 1 and March 31 shall receive three floating holidays to be utilized during the calendar year of hire. c) Any bargaining unit member employed between April 1 and June 30 shall receive two floating holidays to be utilized during the calendar year of hire. -23- d) Any bargaining unit member employed between July 1 and September 30 shall receive one floating holiday to be utilized during the calendar year of hire. e) Any bargaining unit member employed on or after October 1 shall not receive any floating holidays during the calendar year of hire. 3. The first payroll period following the effective date of the contract eligible employees will be awarded six hours of floating holiday time to prorate floating holiday time from the fiscal year to the calenaar year. Employees may carry existing floating holiday time to the first payroll cycle in 1999. 4. Floating holidays may not be carried over from one calendar year to another and, if not taken, are forfeited, exceEt that when a Department cannot schedule or cancels a previously scheduled floating holiday due to City work needs. The floating holiday may then be taken within 60 calendar days of the new calendar year. An employee may not request any carryover of floating holiday time. 5. Floating holidays are scheduled at the mutual convenience of the employee and the Department. 6. Upon an employee's separation from the City, the employee will receive a lump sum payment for his/her remaining floating holiday balance. 7. A regular full-time employee may request the use of floating holidays in 2-hour increments if approved by the Department and scheduled so as not to interfere with work schedUles. This provision is not subject to the grievance procedure. ARTICLE 12 VACATIONS Section 1. Vacation Accrual For 37.5 Hour Employees Years of Service Biweekly Accrual Vacation Days o 1 * as of anniversary date 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 and over 2.885 0 2.885 10 3.173 10 3.462 11 3.750 12 4.039 13 4.327 14 4.327 15 4.327 15 4.615 15 4.615 16 4.904 16 5.192 17 5.192 18 5.481 18 5.769 19 5.769 20 -24- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Vacation Accrual For 40-Hour Employees Years of Service Biweekly Accrual Vacation Days o 1 * as of anniversary date 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 and over 3.077 3.077 3.385 3.692 4.000 4.308 4.615 4.615 4.615 4.923 4.923 5.231 5.538 5.538 5.846 6.154 6.154 o 10 10 11 12 13 14 15 15 15 16 16 17 18 18 19 20 A. A maximum of 20 work days vacation is earned after 16 years of service. B. The vacation year shall be the payroll calendar year. C. Vacation leave earned in 1997 is granted in January of 1998 in a lump sum. D. Vacation time will accrue on a biweekly basis upon implementation of the new payroll system. Vacation time accrued from January 1998 until the implementation of the new payroll system will be prorated and credited to the employee in a lump sum at that time. E. The borrowing or advancing of vacation leave prior to its accrual is prohibited. F. An employee must be employed for six months prior to requesting the use of vacation time. G. New employees who fail to complete the entrance probationary period are not paid for any accrued vacation leave. H. All employees must be granted a minimum of two weekst vacation per calendar year if properly requested oy the employee in accordance with Department vacation selection proceaures. Vacation leave may not be carried in an amount above the vacation cap. If vacation leave in excess of the cap is not taken, it is forfeitedt except when a Department cannot schedule or cancels previously scheduled vacation time due to City work needs. The canceled vacation time must then be taken within 60 calendar days of the scheduled vacation date. No other granting of any carryover of vacation time above the vacation leave cap is permitted. -25- I. In the event an employee is promoted, demoted or transferred from a full-time position to a full-time position with greater or lesser biweekly hours, such employee's then accrued vacation hours shall be adjusted, as appropriate, to reflect the equivalent vacation days. J. Permanent, part-time employees shall have vacation accrual prorated based on the actual hours of work effective on the date of implementation of the new payroll system. The current practice shall continue until that time. K. Regular full-time permanent employees who normally work a schedule inconsistent with the 5-day, 37-1/2 or 40 hour work schedule, shall accrue paid vacation on a schedule proportionate to Section 1 above. 1. Upon separation of an employee from the City service, he/she shall be paid at the time of separation for the unused portion of vacation leave for which he/she may at that time be eligible. Such payment shall be authorized on the appropriate record of personnel action and shall not be deemed to extend his/her employment beyond the last day actually worked. M. If service requirements permit, an employee may, with the approval of his/her Department and upon 48 hours notice, use his/her accrued vacation in eeHy increments of two hours or more. The application of this paragraph shall not be subject to the grievance procedure. Section 2. Vacation Leave Caps A. Effective July 1998, the maximum amount of vacation leave that may be accumulated is 360 hours. Vacation balances in excess of 360 hours will be paid at the employee's current rate of pay as of July 30, 1998. Said balances will be paidprior to January 1999. B. Effective January 1999, the maximum amount of vacation leave that may be accumulated is 240 hours. Vacation balances in excess of 240 hours will be paid at the employee's current rate of pay as of January 31, 1999. Said balances will be paid prior to October 15, 1999. C. The practice of banking vacation toward retirement time shall be discontinued for all employees effective July 30, 1998. All agreements to the contrary are invalid effective July 30, 1998. Vacation bank balances will be paid at the employee's current rate of pay as of July 30, 1998. Said balances will be paid prior to January 1999. ARTICLE 13 SENIORITY Section 1. Seniority is defined as the length of continuous service in City employment. Seniority will continue to accrue during all types of leaves of absence with pay and other leaves where specifically provided. Section 2. After successful completion of the probationary period which is six -26- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I months, seniority will revert to date of emeloyment. Seniority shall be used as a factor in consideration for promotion. When skills and qualifications are substantially equal, seniority shall prevail. Section 3. Employees shall lose their seniority only as a result of the following: A. Voluntary termination. B. Retirement. C. Termination for Cause. D. Failure to return from military leave within the time limit prescribed by law. Section 4. Whenever there is a question as to which bargaining unit employee shall be allowed vacation, days off, differential payments or hours of work, seniority shall prevail, provided skills and qualifications are substantially equal. ARTICLE 14 LAYOFF AND RECALL Section 1. When Layoffs May be Made An employee may be laid off by the City Manager in the manner herein provided when there is lack of work or funds, abolition of position, or material changes in auties or organization which require a reduction in personnel. No regular employee, however, shall be laid off while there are emergency, provisional, temporary or probationary employees serving in the same class. Section 2. Method When the need arises for laying off regular employees in any department for any of the reasons enumerated in Section 1 hereof, tne order of layoff shall be determined by taking into account both service ratings and seniority. It is specifically understood that layoffs will be by classification on a city-wide basis. Wnen other qualifications are substantially equal, seniority will govern. The provisions of this and the following section are based on the premises that the services of the affected employee have been satisfactory and that he/she is physically and mentally capable of efficiently discharging the duties of another position in the same or lower class. Section 3. Names Placed on Eligible List Names of regular employees who are laid off shall be placed on the re-employment list for the appropriate class for re-employment within one year thereafter when vacancies in the class occur. An employee who is eligible to have his/her name placed on a re- employment list may, on wntten request ana with the approval of the Human Resources Director and the City Manager, have his/her name also placed on re-employment lists for the same or lower classification requiring essentially the same or lesser qualifications within a class series or for other classes in which the employee previously had regular status. Names shall be placed on the re-employment list in the order of seniority. -27- ARTICLE 15 RETIREMENT Section 1. The City agrees to send announcements of regularly scheduled meetings of the Board of Trustees of the Employees I Retirement System to the President of die Union. Section 2: A spokesman for the Union shall have the ri~ht to present the Union's views regarding the employees' retirement system either orally or m writing to the Advisory Committee of the Boara. of Trustees. Section 3. Notification of any change of benefits in the Employees' General Pension Plan shall be given to the employees 60 days prior to any action taKen. Section 4. Vacation and Bonus to be Credited Toward Retirement A. Vacation Accumulation The amount of accumulation shall not exceed six weeks for the purpose of early retirement. B. Special Bonus Days After 20 Years Upon serving a total of 20 years (consecutive) with the City, an employee who was employed by the City prior to October 1, 1990, shall be entitled to accumulate bonus days for the purpose of early retirement or a cash settlement only at the time of retirement wliich shall not exceed a total of 15 working days. No bonus days shall be provided to any employee hired by the City on or after October 1, 1990. The schedule shall be as follows: 21 years service 22 years service 23 years service 24 years service 25 years service 1 day 2 days 3 days 4 days 5 days 15 days Section 5. Any sick leave taken after the effective date of this Agreement as the result of a line-of-duty injury shall be added back to the employee's sick leave balance up to the sick leave cap of 1560 hours at the time of retirement. This relates only to injuries and re-injuries wherein wages are compensable under Workers' Compensation. Section 6. During the advancing of the retirement date through the use of sick leave, bonus days, and vacation leave, employees shall not accrue any benefits except retirement credit, including but not limited to vacation leave, sick leave, insurance premiums, holidays, workers' compensation, salary increases, assignment pay, shift pay, allowances, reimbursements or speciaI. payments, or bonuses of any kmd. -28- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ARTICLE 16 UNIFORMS AND RAIN GEAR Section 1. The City agrees to provide e~(;h employf'~> who is required to wear a uniform with five uniforms. The City agrees to pL .ide 100010 .:)tton or 80%+ cotton blend uniforms to employees who work outside. The erni-'loyee agI:~es to launder the uniforms. The employee will be issued a replacement for each uniform which becomes torn or tattered as the result of normal wear and tear, but not for a uniform which has been damaged due to the employee's abuse or negligence. The employee must return the uniform as a condition for receiving a replacement. Section 2. The City will provide employees with adequate rain gear. Rain gear which is worn, tom, and! or tattered through normal wear and tear shall be replaced, provided that the employee turned in the old rain gear. Employees may use umbrellas mstead of rain gear as appropriate to the job classification. ARTICLE 17 INSURANCE Section 1. The City agrees to meet with the CW A representatives as necess~ to review the health and life insurance programs for the purpose of reducing the cost of such programs for the City and the employees. The City further agrees to provide the CW A with such information as it has available which would be required to formulate such a benefit package and to cooperate with the CW A to obtain pertment information from the present carrier. Until a benefit package is formulated and put into operation, the City agrees to continue the current benefits. Section 2. The City agrees to continue the payment of 100% medical insurance premiums for employees. Additional coverage for the family or spouse will continue to be paid for by the employee. The health insurance stabilization fund will continue to be used to offset increases in health insurance premiums. Section 3. The City agrees to continue to pay the prennums for group life insurance valued at a minimum of $2,500 per employee. Section 4. Unemployment Insurance: The City shall participate in and provide employees with unemployment insurance as provided by law. Section 5. Workers' Compensation Insurance: The City shall participate in and provide employees with Workers' Compensation Insurance as prOVided by law. Section 6. Social Security Insurance: The City shall provide all necessary employer contributions for social security insurance as provided by law for those employees ineligible to participate in the City retirement program. Section 7. Liability Insurance: The City shall provide legal counsel to assist in the defense of any claim against any member of the bargaming unit, where the claim results from the employee's employment with the City and where the employee is acting within -29- the scope of his/her employment, except that the City will not be obligated to defend or pay a claim based on an intentional tort. The City will indemnify, payor insure any claim other than an intentional tort. ARTICLE 18 LABOR-MANAGEMENT COOPERATION Section 1. A Labor-Management Committee shall be established to fromote communications between the Union and the City by exploring avenues that wil lead to better understanding and greater cooperation. Section 2. The Committee shall be composed of six representatives selected by the Union and six representatives selected by the City Manager. Resource people and visitors may atten~ Committee meetings upon mutual agreement of the Union and City representatIves. Section 3. The City agrees to provide a facilitator for the first year, as needed, to assist the Committee in establisliing a climate of mutual respect and mutual goals. Section 4. The Committee shall have advisory powers only. The responsibility for maki~g decisions will continue to remain with the line management of the City and with the line officers of the Union. Section 5. To achieve stability, members shall serve for at least one year. Absent members shall not be replaced with alternatives unless a member terminates his/her employment with the City or is on long-term leave. Section 6. The Committee will be free to discuss any subject except grievances that are currently pending. Section 7. Any rule and arrangement by which the Labor-Management Committee operates may be changed by mutual agreement of the City and the Union. Section 8. In order to promote the establishment of the Labor-Management Committee, the City will make available up to $5,000 per fiscal year for expenses. The expenditures of any such funds made available by the City will require the mutual agreement by the City and Union. ARTICLE 19 HEALTH AND SAFETY Section 1. The City and the Union will cooperate in establishing a joint Safety Committee and! or Accident Review Board with the continued objective of eliminating accident and health hazards. This committee will meet monthly and will attempt to enforce and improve the City's and the Union's safety program. The City will consider written recommendations with respect to unsafe conditions or safety ideas from the committee and will implement solutions to these conditions within 30 days of the receipt of such -30- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I recommendations, or shall appear before the committee and reply as to why said solutions have not been effected. The City will provide a safety manual to all City employees. Section 2. The City will provide any safety equipment and devices.for employees engaged in work where such special devices and equipment are necessary and are specifically reqUIred by the City. Employees not utilizing safety equipment which is specifically required by, and furnished or peud for by the City, shall be subject to denial of work and/or disciplinary action. Section 3. Employees will not suffer any position penalty nor be financially responsible for damage to City propeny occasioned by accident which is not caused by negligence. Section 4. The City shall continue to maintain a cleanup room with sanitary showers for the use of all employees whose employment presents a threat of disease due to their exposure to unsanitary conditions in those areas where it is currently doing so. If the Union believes that new locations or areas exist which they feel should have cleanup rooms with sanitary showers for use by emfloyees, they shall advise the City at a quanerly meeting and the City shall initiate a review 0 the need. Section 5. The City agrees to periodically review the availability of discount programs for safety shoes and safety lenses for glasses in an effort to provide discount programs through third panies for employees who wish to purchase safety equipment not required and provided by the City. ~ection 6. No employee shall be required to work more than 16 hours in any day, except In an emergency. ARTICLE 20 APPOINTMENTS AND PROMOTIONS Section 1. All appointments to positions in the bargaining unit shall be made on the basis of merit and fitness for the position to be determined as far as practical and possible by competitive examination under the policies and practices of the Human Resources Department. Examination results will be made available for employees' inspection upon request. Section 2. Examination announcements for competitive exams will be provided to each City D~panment for posting at each appropriate work location at least 10 work days prior to the fuing deadline. Section 3. The City agrees to use to the maximum extent the skills and talents of existing employees in the unlt in order to achieve the resulting benefits of higher morale and reduced turnover. In filling positions in the unit, the City will give concurrent consideration to persons in and outside the unit, but all other factors being substantially equal, wW fill such positions by selection from elisible candidates in the unit. This shall not preclude the City from giving promotional exanunations restricted to City employees. -31- Section 4. Promotional Lists The names of all persons who may be lawfully appointed and who shall have attained a passin~ grade on any promotional or open competitive examination shall be placed on the appropnate promotional list. Section 5. Duration of Lists All promotional eligible lists shall be established for a period of two years from the date of the examination unless otherwise established by the Human Resources Department. Section 6. Removal of Names from Lists N ames of eligibles shall be removed from appropriate eligible lists by operation of any of the following: A. Appointment through certification from such list to fill a permanent position. B. Declination of Appointment: Failure to respond to any inquiry of the Human Resources Director regarding availability for appointment. C. Separation from the City service of an employee on a promotional list. D. Dis~~ility that prevents the eligible from performing satisfactorily the duties of the posltlon. E. Determination by the Human Resources Director that the eligible has been found to lack any of the established qualifications for the position. Section 7. Types of Appointments All vacancies in the bargaining unit shall be filled by appointment, as determined by the Appointing Authority and the Director of Human Resources. Section 8. Promotions Whenever an employee having regular status successfully competes in an o{len competitive examination and receives an appointment to the class for which the examinauon was held, such appointment shall be considered a promotional appointment. Section 9. Order of Certification The Human Resources Director shall determine the order of certifications which may be by test score, alphabetically, by special qualification or as otherwise determined appropriate. -32- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Section 10. Temporary and Emergency Appointments A. Whenever there is need of an employee for a temporary period, not to exceed one year, the Human Resources Director shall certify the names of persons on the list. The acceptance or refusal by' an eligible of a temJ?orary appointment shall not affect his/her standing on the eliglble list, nor shall servlce under a temporary appointment be counted as a part of a probationary period. B. When it is impossible or impracticable to fill a position providing that an eligibility list does not currently exist for that position classification, the Appointing Authority and the Human Resources Director may appoint any qualified person to such position via an Emergency Appointment without competitive examination. C. In the event that an emergency appointment is made for the purpose of filling a regular vacancy, the Human Resources Director shall schedule an examination for the appropriate classification within 120 calendar days in an effort to establish a promotional or original appointment list. If an emergency appointment is made for the purpose of filling a position due to temporary aDsence of regular employees or because of an excessive work load expected to be of short duration, die Human Resources Director shall not be requirea to schedule an examination for that position classification. The Union shall be notified each month of Emergency Appointments which have been processed during the past month. Section 11. Probationary Periods A. All persons initially employed or promoted to, or within, the bar~aining unit shall have to serve a probationary period. During the probationary penod, management shall observe and review the em{'loyee's jOD performance, attendance, attitude and adherence to Department and Clty reqwrements and such other factors as in the City's determination are important factors to consider with respect to continuing the employee in the position. B. The probationary period shall consist of six consecutive months or the equivalent; provlded, however, that the City may extend such probationary periods for up to three additional months. Permanent part-time employees shall be required to complete 1040 hours of actual work in a class which has a normal full-time work scheaule of 40 hours per week or of completin~ 975 hours of actual work if employed in a class which has a normal full-time work schedule of 37-1/2 hours per week, provided that in no event shall such permanent J?art-time employee be deemed to have completed a probationary period m less than slX calendar months. C. Determination that the employee has not successfully completed the probationary period shall be made by the City. The J?romotional probationary employee shall be returned to the employee's former positlon provided there is no cause for dismissal. The entrance probationary employee shall be separated from employment. D. Time served during a temporary appointment in the same job class immediatelyapreceding permanent employment shill be credited toward the time reguired to be served in the probationary period in the same Department and the same division. -33- E. In the event that an employee is for any reason absent from duty for an accumulated period of 56 scheduled work hours or more prior to the completion of the probationary period, all such time off may be used to extend the prescribed probationary period. F. If a promotional probationary employee has committed a serious infraction which warrants dismissal, then the employee shall be dismissed and not returned to his/her former position. Any newly hired employee who is separated during or at the end of the expiration of the probationary period or newly promoted employee who is returned to his/her former position shall have no right of appeal or gnevance relating to such action. Section 12. Job Classification Appeals An employee, for good and sufficient reasons, may appeal for a change in classification. Such appeal shall be submitted to the department head first who shall send it, with his/her recommendation, to the Human Resources Director for review as to its justification. If the Human Resources Director finds merit in the appeal, he/she shall recommend to the City Manager an appropriate change in class. The decision of the City Manager is final and binding. Section 13. This Article will be reviewed by a committee of management and the Union. If it is the consensus of the committee that the language is duplicate or not needed, it will be removed from the Contract. ARTICLE 21 MISCELLANEOUS GENERAL PROVISIONS Section 1. Providing Names of Employees in Unit The City will provide the names of all current employees in the unit and their home addresses, if avciilable. Section 2. Career Development Workshops Employees will be paid their regular salary for the time the employee attends career development workshops. . Section 3. Shared Cost of Printing Agreement The City and the Union each ag~ee to pay one-half of a reasonable cost for priming copies of this Agreement in pocket booklet form for all employees in the unit. Section 4. Review of Personnel File On reasonable advance notice, employees shall be allowed to review their personnel files. -34- I I I I I II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Section 5. Participation in Charity Drives Employees are encouraged to participate in charity drives. However, no employees will be pressured by either party to this Agreement to contribute to any charity. Section 6. Union Committees Certain committees of the Union may be allowed to meet during normal work hours, this time to be subject to approval by the City Manager's office. Such committees and meetings shall not include preparation for bargaining. Section 7. Use of City Copying Equipment Cost to be paid by the Union for printing of Union material. This material shall be non-controversialm nature and subject to advance review by the City Manager's office. Section 8. Replacement/Repair of Tools The City will replace or repair, as appropriate, the tools of employees who are required by the City to furnish their own tools, when those tools are brOKen on the job or v.:-hen tools are stolen from the job site and when there is a police report confirming the theft given to management. Section 9 . Awards Program The City shall continue an awards program for employee suggestions, if they are used, that will save the City money. Section 10. Mileage All employees who drive their own vehicle for City business will be paid reimbursement for any mileage travelled at the rate set by law. Section 11. Commercial Driver's License A. Employees in driving positions which require a CDL and who fail to comply with requirements of the State of Florida CDL program cannot continue to function in their driving positions. At such time as the employee can no longer drive vehicles required in his/her job classification because of his/her failure to comply with CDL requirements of the state, the City shall preclude the employee from driving the designated City vehicles. The employee shall have thirty (30) days in which to comply with the state CDL reqUlrements or to obtain a transfer, demotion or promotion to a position not requiring CDL licensure. Such job change must be accomplished within the normal processes for transfer, demotion or promotion. Failure to obtain the appropriate license or, alternately, to obtain a transfer, demotion or promotion to a pOSition not requiring the CDL shall result in the layoff of the employee. -35- B. The City will reimburse employees for the cost of any CDL and endorsements required by the City, provided the employee has submitted evidence of possession of the CDL and has not Iiad any traffic violations since his/her last license was issued. ARTICLE 22 DISCHARGE AND DISCIPLINE Section 1. No employee shall be disciplined except for just cause. Section 2. Any written reprimand shall be furnished to the employee outlining the reason for the reprimand. The employee will date and sign the statement; however hislher signature does not imply agreement. Said reprimand will be made within a reasonable time of the employer having knowledge of the occurrence. Section 3. A written reprimand more than two years old shall not be a factor in any employment decision. Section 4. Whenever the City or the Union proposes to amend anr policy affecting the discharge and discipline of unit employees, the City or the Union, shal provide notice and a copy of the proposed amendments to the other party at least 21 days in advance of a meeting. The Umon and the City shall meet to reach consensus of any proposed changes. Section 5. The City and the Union will review the Performance & Behavior Management Program (pBMP) in six months and in future mutually agreed time periods in a cooperative manner. The Union president will continue with the same Union committee until the City is notified otherwise. ARTICLE 23 SALARY Section 1. Fiscal Year 1998 A. All employees with a Satisfactory evaluation will receive a 6% annual pay increase provided it does not exceed the maximum of the pay range. B. All employees at the maximum of the pay range will receive a lump sum bonus of 2%. If the employee elects to deposit the lump sum bonus in the employee's Deferred Compensation Account, the employee will receive a bonus in the amount of 4%. C. The effective dates of the increases are described in Section 4, Implementation 1998. -36- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Section 2. Fiscal Year 1999 A. All employees with a Satisfactory evaluation will receive a 6% annual pay increase provided it does not exceed the maximum of the pay range. B. All employees at the maximum of the pay range will receive a lump sum bonus of 2%. If the employee elects to deposit the lump sum bonus in the employee's Deferred Compensation Account, the employee will receive a bonus in the amount of 3.5%. C. The effective date of all increases will be the employee's merit review date. Section 3. W a~e Policies A. All employees who are not at the maximum of the pay range will be eligible for a minimum of a 4% annual merit pay increase after one year at the previous pay level. Additional percentages and increases in salary ranges may be negotiated for each contract. B. Employees at the maximum of the pay grade will be eligible for a lump sum merit bonus of 2%. If an employee chooses to deposit the lump sum merit bonus in deferred compensation, the employee will receive 3%. Additional percentages and increases in salary ranges may be negotiated for each contract. C. On the effective date of this contract, a new entry pay rate will be added to the existi~g pay ranges. The entry pay rate will only affect employees hired 30 days after th~ .effective dat~ of the contract. Pay ranges will be approximately 52% from Inlmmum to maxunum. D. Employees who are close to the maximum of the par range and are not eligible to receive the full amount of the annual merit increase Will receive a lump sum bonus in an amount which will total the annual increase percentage when the annual increase and the merit bonus are added together. Section 4. Implementation for Fiscal Year 1998 A. Employees Currently in Stql12 1. Employees at the maximum of the p~y range will receive a lump sum merit increase of 2% the first payroll period following the effective date of the contract. 2. Employees who deposit the increase in the employee's Deferred Compensation Account will receive a 4% lump sum increase. B. Employees Currently in Steps 6 - 11 1. Employees who have not reached their merit anniversary date in Fiscal Year 19. will receive a 6% merit increase on their annivers~ date if rated Satisfactory or better, provided it does not exceed the maximum of the pay range. -37- 2. An employee whose anniversary date is prior to the contract effective date in Fiscal Year 1998 and who has received a Satisfactory or better evaluation will receive an additional 3.5% pay increase on the first day of the new payroll period follo~ing the effective date of the contract. The pay increase anniversary date remamsthe same. 3. Employees who have been in the same Step for longer than one year will receive a 6% merit increase on the first day of the new payroll period following the effective date of the contract, provided the employee's performance is Satisfactory or better. C. Employees Currently in Steps 1 - 5 1. Employees who have not reached their merit anniversary date in Fiscal Year 1998 will receive a 6% merit increase on their anniversary date if rated Satisfactory or better. 2. Employees who have already received their merit increase in Fiscal Year 1998 will receive an additional 1% increase on the first day of the new payroll period following the effective date of the contract. ARTICLE 24 DRUG AND ALCOHOL POLICY (This policy is intended to be in compliance with the Drug Free Work Place Act and any Federal Law requirements regarding the unlawful manufacturing, distribution, dispensation, use or possession of any controlled substance or illegal drug.) Section 1. Voluntary use of controlled substances which cause intoxication or impairment on the job and poses risks to the employer, the affected employee and their coworkers, is prohibited. Section 2. All bargaining unit eml?loyees will be fully informed of the employer's for cause drug testing policy before testing 1S administered. Bargaining unit employees will be provided with information concerning the impact of the use of drugs on job performance. Unit supervisors will be trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will permit two employees selected by the Union to attend such training class on City tune. Section 3. Annual Physical Employees in job classifications which require an annual or biannual physical may be required to submit to a drug screening as part of the annual physical examination. Section 4. City's Anti-Drug Policy and Alcohol Policy A. The City's Anti-Drug Policy and Alcohol Policy delineate drug test procedures. These policies and procedures may be revised by the City to include or exclude a "second chance agreement" for violation of the Alcohol Policy 20 days after the Union has been notified of the revisions. Revisions governing testing standards and job classification specifications shall be made as revisions to laws or regulations of -38- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I state or federal government or agencies deem permissible. Union representatives will be furnished with copies of the policies upon revision. B. Any bargaining unit employee may be tested for drug metabolites if there exists a reasonable suspicion that the bargaining unit employee to be tested is under the influence of drugs or alcohol. The term "reasonable suspicion" shall, for the purposes of this Policy and Section, be defined as follows: 1. Aberrant or unusual on-duty behavior of an individual employee that is observed on-duty by the employee's immediate supervisor or higher ranking employee and confirmed by the observation of another supervisory employee, managerial employee trained to recognize the symptoms of drug abuse, impairment or intoxication (which observations shall be documented by the observers), and this may include such common signs as the following: - observed alcohol and! or drug use during working hours - unexplained work related accidents or injuries - presence of physical symptoms commonly associated with substance abuse, such as: - impairment of motor functions - slurred speech - incoherent or irrational mental state - drowsiness - smell of alcohol or marijuana - extreme weight loss - red eyes - running nose or sniffling - freguent or extreme mood changes - lacK of physical coordination - Deteriorating work performance and/or attendance problems not attributable to other factors, such as: - frequent absences or lateness - unexplained absence from assigned work area - frequent or extended visits to the restroom - deterioration in dress and/or grooming - other marked, unexplained changes in personal behavior 2. The type of behavior which is a recognized and accepted symptom of intoxication or impairment caused by controlled substances or alcohol, or addiction to or depenaence upon said controlled substances. 3. Random Drug Testing. Employees in job classifications which require a Commercial Drivers License or which are "safety sensitive" are subject to random drug and alcohol testing. Additional job classifications may be revised as laws or regUlations of the federal or state government deem permissible and will be pUblished in the City's Policies. C. No reasonable suspicion drug testing may be conducted without the written approval of the Department Director or designee. The Department Director or designee must document in writing who is to be tested and why the test was ordered, including the specific objective facts constituting reasonable suspicion leading to the test oeing -39- -40- I I I I I I I I I I I I I I I I I I I ordered, and the name(s) of any source(s), or all of this information. One copy of this document shall be given to the bargainIng unit employee before he/she is required to be tested. 1. After being given a copy of the document, the affected bargaining unit employee shall be allowed enough time to be able to read and understand the entire document. 2. Failure to follow any of these procedures shall result in the elimination of the test results as if no test had been administered. The test results shall be destroyed, and no discipline shall be levied against the bargaining unit employee. 3. When a supervisor has reasonable suspicion to believe that a bargaining unit employee is using, consuming, or under the influence of an alcoholic beverage, non-prescribed controlled substance (other than over-the-counter medications), and/ or non-prescribed narcotic drug while on duty, the supervisor will notify the Department Director, or designee, for the purpose of observation and confirmation of the employee I s condition. If the Department Director or designee after observing the employee also has reasonable suspicion to believe that the employee is using, consuming, and/or under the Influence of an alcoholic beverage, non-prescribed controlled substance, or non-prescribed narcotic drug while on duty, then, by a written order signed by both the employee's immediate supervisor and the Department Director, or designee, the employee may be ordered to submit to toxicolos.Y testing designed to detect the presence of alcohol, chemical adulteration, marijuana metabolites, opiates, amphetamines and phencyclidine in accordance with the procedure set forth below. 4. Any employee subjected to such test shall be removed from duty pending the result of such test, and such employee shall continue to receive his/her regular pay and benefits pending test results. 5. Refusal to submit to toxicology testing after being ordered to do so shall result in disciplinary action. D. Blood and alcohol testing procedures are administered in accordance with the City's policies. 1. The employer may request urine samples except when the employee has been involved in an accident resulting in injury to him/her, in which case a blood sample may be required. The employee, at his/her sole option, shall, upon request, receive a blood test in lieu of a urine test. Urine ana blood specimens shill be drawn or collected at the laboratory, hospital or medical facility. When requested by the employee, a Union representative shall be allowed to accompany the employee to the test and observe the collection bottling, and sealing of the specimen. All specimen containers vials, and bags used to transport them, shall be sealed with evidence taFe and labeled in the 'presence of the employee and the Union representative (if one has been requested). 2. All testing shall be done by a laboratory certified by the State of Florida as a medical and urine drug testIng laboratory which complies with the Scientific and Technical Guidelines for Federal Drug Testing Programs and the Standards for I I I I I I I I I I I I I I I I I I I Cenification of Laboratories engaged in Drug Abuse and Mental Health Administration of the U.S. Depanment of Health and Human Services and is NIDA cenified. 3. When an employee tests positive on the screening test (i.e., a drug or drugs is/are detected,) a second test, die Gas Chromatography/MassSpectrometry, will be run on the sample originally taken. If the second test does not detect the presence of a drug or drugs, the second test shall prevail. When a urine or blood specimen for testmg is obtained from an employee by an independent medical facility selected by the City, a sufficient quantity of the specimen shall be obtained for testing by the contract laboratory and a laboratory designated by the Union or the employee. The sample shall be transmitted to the contract laboratory and to the laboratory designated by the Union or emfloyee as soon as possible by the independent medical facility. These tests shal be made as soon as possible by the laboratories. The Union or employee shall bear the cost of its separate test. 4. If the results of the tests administered by the employer on the two samples show that the employee, while on duty, was under the influence of or drank, smoked, ingested, inhaled or injected alcoholic beverages, non-prescribed narcotics, marijuana, cocaine, PCP, or non-prescribed amphetamines, appropriate discipline may be imposed by the employer after the following procedure has been followed: 5. The employee shall be presented with a copy of the laboratory repon before any discipline is imposed. The Union and the employee shall then have 24 hours to present to the employer any different results from the test of the sample conducted by a laboratory selected by the Union. After considering the results of the third test performed for the Union (if presented), the employer may discipline the employee. Section 6. Voluntary Assistance By Employee A. Em~loyees who seek voluntary assistance for alcohol and substance abuse may not be disclplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Such employees shall be subject to all employer rules, regulations and job performance stanaards, with the understanding that an employee enrolled in such a program is receiving treatment for an illness. B. Results of urine and blood tests performed hereunder will be considered medical records and held confidential to the extent permitted by law. Tests shall only be performed for alcohol, chemical adulteration, marijuana metabolites, cocaine metabolites, opiates, amphetamines and phencyclidine and the laboratory shall only repon on the presence or absence of these substances. Section 7. Over-the-Counter and Prescription Drugs An employee who has been prescribed or issued a drug, for any medical or other condition, wliich might in any way impair their ability to perform his/her job must immediately notify their supervisor. The employer, in consultation with appropriate medical authority, shall determine whether the individual can work while taking the medication. If it is determined that the individual is unable to perform his/her job without -41- I I I I I I I I I I I I I I I I I I I impairment caused by the medication, the employee will be placed on sick leave or annual leave until the condition for which such medication is being taken is no longer present, or use of the medication causing impairment has been discontinued. However, prior to placing any employee on leave, reasonable accommodation will be made to provide alternative assignments. If an employee is placed on sick leave under this paragraph, such leave shall not be considered in placmg the employee on a doctor's certificate requirement until after two such incidents in a 12-month penod. ARTICLE 25 DURATION, MODIFICATION AND TERMINATION This Agreement shall be effective as of the 16th day of April, 1998, and shall continue in full force and effect until September 30, 1999. At least 120 days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of its intention to modify, amend or terminate, as herein above set forth, will automatically extend the provisions and terms of this Agreement for a period of one year, and each year thereafter absent notification. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 5~ day ~~998. ATTEST: CITY OF CLEARWATER By i Michael Roberto, City Manager Approved as to form and correctness: Jft 1. Akin, City Attorney WITNESSES: COMMUNICATIONS WORKERS OF~CA3( .' By,. ~ Alan Keit. ,CW A R~tative ~4~ ~ A"-~ _ -42- APPENDIX A I ORGANIZA TIONAL LISTING OF REPRESENTED CLASSIFICATIONS CLASSIFICATION TITLE PAY HRS I GRADE B/W CENTRAL PERMITTING Building Construction Inspector I R.57 75. I Building Construction Inspector II R-60 75 Central Permitting Specialist R-57 75 I CITY CLERK Board Reporter R-48 75 Central Records Specialist R-53 75 I City Clerk Specialist R-46 75 CLERICAUOFFICE SUPPORT I Courier R-36 75 Senior Service Dispatcher R-48 80 Service Dispatcher R-45 80 I Staff Assistant I R-37 75 Staff Assistant II R-44 75 Storeskeeper R-48 75 I COMMUNITY RESPONSE Code Enforcement Inspector I R-52 75 I Code Enforcement Inspector II R-55 75 Code Enforcement Technician R-45 75 Inspections Specialist R-63 75 License Inspector R-57 75 I CUSTOMER SERVICE Account Collector R-50 80 I Chief Meter Reader R.54 80 Credit Supervisor R-60 75 Customer Service Representative R-46 75 I Customer Service Specialist R-48 75 Customer Service Supervisor R-57 75 Meter Reader R-43 80 I Utility Finance Supervisor R-57 75 ECONOMIC DEVELOPMENT I Construction Specialist R-57 75 FINANCE I Accounting Clerk R-44 75 Accounting Technician R-48 75 Cashier R-42 75 I FIRE Fire Public Education & Info. Specialist R-60 75 I Life Hazard Safety Inspector R-58 80 I I Page 1 APPENDIX A ORGANIZATIONAL LISTING OF REPRESENTED CLASSIFICATIONS I CLASSIFICATION TITLE PAY HRS GRADE BIW I GAS Gas Specialist R-57 80 Gas Supervisor R-60 80 I Gas Technician I R-43 80 Gas Technician II R-52 80 Gas Technician III R-54 80 I GENERAL SERVI CES Building and Maintenance I Air Conditioning Technician R-54 80 Building & Maintenance Supervisor R-60 80 Senior Electrician R-55 80 I Tradesworker I R-45 80 Tradesworker II R-54 80 Motor Pool I Chief Communications Technician R-60 80 Communications Technician R-54 80 I Fleet Operations Trainer R-58 80 Fleet Production Control Coordinator R-58 80 Mechanic Fabricator R-56 80 Mechanic I R-45 80 I Mechanic II R-54 80 Mechanic III R-57 80 Mechanic Supervisor R-60 80 I Motor VehiclelEquip. Maint. Shop Supervisor R-62 80 INFORMATION MANAGEMENT I Information Services Computer Operator R-52 75 Computer Repair Technician R-57 75 I Computer Training Technician R-54 75 GIS Technician R-52 75 Personal Computer Support Technician I R-54 75 I Personal Computer Support Technician II R-57 75 Graphic Communications I Graphics Specialist R-47 75 Graphics Technician R-46 75 LABOR, CONSTRUCTION, AND CUSTODIAL I Custodial Worker R-36 80 Equipment Operator I R-39 80 I Equipment Operator II R-46 80 Equipment Operator III R-52 80 Maintenance Worker I R-36 80 I Maintenance Worker II R-39 80 I Page 2 I I APPENDIX A ORGANIZA TIONAL LISTING OF REPRESENTED CLASSIFICATIONS CLASSIFICATION TITLE PAY HRS I GRADE B/W LIBRARY Library Assistant R-40 75 I Library Page Hourly 75 MARINE I Beach Guard R-38 80 Marine Facility Operator R-44 80 Marine Operations Supervisor R-60 80 I Recreation Pier Supervisor R-57 80 Senior Beach Guard R-42 80 Water Safety Supervisor R-57 80 I PARKS AND RECREATION Parks, Forestry & Nursery I Groundskeeper I R-42 80 Groundskeeper II R-48 80 Irrigation Service Worker I R-43 80 I Irrigation Service Worker II R-48 80 Parks Supervisor R-57 80 Spray Technician R-45 80 I Recreation/Facilities Aquatics Leader R-42 80 I Recreation Facilities Supervisor I R-57 80 Recreation Facilities Supervisor II R-60 80 Recreation Leader R-38 80 Recreation Programmer R-50 80 I POLICE Crime Analyst R-53 80 I Police Aide Hourly 80 Police Communication Operator R-52 80 Police Communication Operator Trainee R-46 80 I Police Communication Supervisor R-60 80 Police Information Technician R-40 75 Police Property Clerk R-46 80 I Police Property Supervisor R-52 80 Police Social Services Specialist R-58 80 Police Telecommunicator R-48 80 I Senior Police Communication Operator R-54 80 PUBLIC WORKS ADMINISTRATION I Engineering Bureau Computer Aided Drafting Analyst R-65 75 Computer Aided Drafting T~chnician R-56 75 I Design Drafting Technician R-60 75 Engineering Services Technician R-48 75 Environmental Inspector R-60 75 I I Page 3 APPENDIX A I ORGANIZA TIONAL LISTING OF REPRESENTED CLASSIFICATIONS CLASSIFICATION TITLE PAY HRS GRADE B/W I Public Services Bureau Construction Inspector I R-55 75 Construction Inspector II R-58 75 I Electronics Technician R-54 80 Forestry Technician R-42 80 Lead Parking Attendant R-35 80 I Materials Tester R-61 75 Parking Attendant Hourly 80 Parking Meter Technician R-46 80 I Public Services Supervisor I R-57 80 Public Services Supervisor II R-60 80 Public Services Technician I R-43 80 I Public Services Technician II R-52 80 Public Services Technician III R-54 80 Survey Assistant I R-40 75 I Survey Assistant II R-46 75 Survey Party Chief R-58 75 Traffic Engineering Assistant R-48 80 I Traffic Operations Supervisor R-62 80 Traffic Sign & Marking Technician R-46 80 Tree Trimmer R-46 80 I Public Utilities Bureau Electro-Mechanical Technician R-55 80 Industrial Pretreatment Technician R-57 80 I Laboratory Technician R-50 80 Utilities Mechanic R-54 80 Utilities Mechanic Supervisor I R-57 80 I Utilities Mechanic Supervisor II R-60 80 Wastewater Treatment Plant-Lead Operator R-60 80 Wastewater Treatment Plant Operator-A R-54 80 I Wastewater Treatment Plant Operator-B R-52 80 Wastewater Treatment Plant Operator-C R-50 80 Wastewater Treatment Plant Operator-Trn R-44 80 I Water Pollution Control Operations Trainer R-56 80 Water Supply Attendant R-44 80 Water Supply Operator A R-54 80 I Water Supply Operator B R-52 80 Water Supply Operator C R-50 80 SOLID WASTE I Container Maintenance Worker R-45 80 Solid Waste Equipment Operator R-52 80 I Solid Waste Supervisor I R-57 80 Solid Waste Supervisor II R-60 80 Solid Waste Worker R-41 80 I Solid Waste Yard Maintenance Leader R-43 80 Transfer Station Operator R-45 80 Welder R-52 80 I Page 4 I I I I I I I I I I I ~ ...l l:Ql:Q ~fS ~~ ~z S:~ <>0 ~ I I I I I I I I I ~ ::i1 - >< <" :E U"lCO~~ ~~"':N f"!~U"I~ ....NO\CO __0\00 '" "I "0 0\ - " .... 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